Md. Code Regs. 26.10.18.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 26.10.18.12 - Out-of-Service and Permanent Closure

A. Out-of-Service. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall complete each of the following steps to place the AST system out-of-service:

(1) Notify the Department in writing 30 days before placing the AST system out-of-service;

(2) Remove all oil from the AST system;

(3) Isolate all piping connected to the AST;

(4) Remove all waste materials from the AST system, including storage tank-bottom sludge, and dispose of these materials in compliance with applicable federal, State, and local laws;

(5) Purge all petroleum vapors and maintain the AST system vapor free;

(6) Secure the AST system to prevent unauthorized entrance or tampering;

(7) Protect the AST system from flotation;

(8) Continue the operation and maintenance of corrosion protection on the AST system in accordance with Regulation .09 of this chapter;

(9) Lock the fill port; and

(10) Label the AST using lettering at least 3 inches high, in a readily visible location on the AST, with the following information:

(a) Date the AST system was placed out-of-service;

(b) Name of product last stored; and

(c) The words "OUT-OF-SERVICE" or "EMPTY".

B. Return to In-Service. An owner, an operator, and a person in charge of an out-of-service AST system with a field-erected AST shall complete the following steps prior to placing the AST system in-service:

(1) Notify the Department in writing 30 days before placing the AST system in-service;

(2) If an external or internal inspection required under Regulation .11 of this chapter was due to occur while the AST system was out of service, conduct the external or internal inspection of the AST system in accordance with the inspection procedures in Regulation .11F or H of this chapter.

(3) Test all connected piping and appurtenances to ensure a spill, release, or discharge will not occur; and

(4) Maintain a copy of all corrosion protection system and formal inspection and testing reports, including the findings of inspections and tests and repairs performed, and provide a copy to the Department upon request.

C. Permanent Closure. An owner, an operator, and a person in charge of an AST system with a field-erected AST shall permanently close the AST system in accordance with the following requirements:

(1) At least 30 days before permanently closing the AST system:

(a) Notify the Department in writing of the planned AST system permanent closure; and

(b) Submit to the Department for approval a proposed sampling plan for a site assessment to determine if there is evidence of a spill, release, or discharge where contamination is most likely to be present, including sampling of, at a minimum, the following areas of the AST site:

(i) Within and immediately outside of the secondary containment dike, if present;

(ii) Within the footprint of the removed AST; and

(iii) Beneath underground piping associated with the removed AST;

(2) Place the AST system out-of-service in accordance with §A of this regulation;

(3) Disconnect and remove all aboveground piping associated with the AST system;

(4) Disconnect and remove all underground piping associated with the AST system:

(a) Under the continuous on-site presence and direction of a certified UST system technician or remover; and

(b) In accordance with the procedures in COMAR 26.10.10.02D;

(5) Remove the AST and associated piping from the site; and

(6) Within 45 days of completing the permanent closure and approved site assessment, submit a closure report to the Department detailing:

(a) The AST closure activities; and

(b) The results of the sampling event, including a map identifying sample locations, laboratory results, summary of findings, and conclusions.

D. Change-in-Service. An owner, an operator, and a person in charge of an AST system with a field-erected AST placing the AST system out-of-service in order to store a non-oil product shall:

(1) Notify the Department in writing at least 30 days before placing the AST system out-of-service; and

(2) Place the AST system out-of-service in accordance with the requirements of the Department.

E. Upon completing an out-of-service activity specified §§A-D of this regulation, an owner, an operator, and a person in charge of an AST system with a field-erected AST shall:

(1) Within 30 days, amend the AST system registration with the Department in accordance with COMAR 26.10.01.10; and

(2) If the oil storage facility or oil handling facility is required under COMAR 26.10.01.09 to be operated under an Individual Oil Operation Permit, submit a request to modify the Individual Oil Operations Permit in accordance with COMAR 26.10.01.12.

Md. Code Regs. 26.10.18.12

Regulation .12 adopted effective 49:12 Md. R. 642, eff. 6/13/2022